Code Section Group

Probate Code - PROB

DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705]

  ( Division 5 enacted by Stats. 1990, Ch. 79. )

PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )

CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032]

  ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. )

ARTICLE 3. Revocation of Consent [5030 - 5032]
  ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. )

5030.
  

(a) A spouse’s written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage.

(b) On termination of the marriage by dissolution or on legal separation, the written consent is revocable and the community property is subject to division under Division 7 (commencing with Section 2500) of the Family Code or other disposition on order within the jurisdiction of the court.

(c) On the death of either spouse, the written consent is irrevocable.

(Amended by Stats. 1993, Ch. 219, Sec. 224.5. Effective January 1, 1994.)

5031.
  

(a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse, the consenting spouse may revoke the consent by a writing, including a will, that identifies the provision for transfer of the property being revoked, and that is served on the married person before the married person’s death.

(b) Revocation of a spouse’s written consent to a provision for a nonprobate transfer of community property on death does not affect the authority of the holder of the property to transfer the property in compliance with the provision for transfer of the property to the extent provided in Section 5003.

(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)

5032.
  

On revocation of a spouse’s written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if the consent had not been given.

(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)

PROBProbate Code - PROB3